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With the recognition of the need to heighten protection of intellectual property especially with regard to counterfeit trademark and pirated copyrighted goods, the enforcement of intellectual property rights at the borders has emerged as a significant issue in recent times. In view of this, the...
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This paper analyses how a case were to unfold if an operator of a nuclear installation were to exercise its right of recourse against a supplier in the event of supply of equipment or material with latent defects, as envisaged under the unique Section 17(b) of the Civil Liability for Nuclear...
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India has adopted the Bolam rule from the United Kingdom and has been using it to adjudicate cases of medical negligence. The evolution of the Bolam rule in the UK as well as the way the rule is applied in India by the Supreme Court reflects a balance between judicial intervention and deference...
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Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross negligence is important as it constitutes professional misconduct. For...
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The making of the ‘Civil Liability for Nuclear Damage Act 2010' was one of the finest legislative endeavours in the recent times. The exercise was significant because nuclear energy and the consequences of pursuing such an energy form were debated extensively in the Parliament for the first...
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This paper addresses the issue of the Mullaperiyar Dam dispute between Kerala and Tamil Nadu with specific reference to the two judgements delivered by the Supreme Court of India on the matter. This paper attempts to examine the arguments, facts, and the judgement of the Court on each of the...
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